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User Licence Agreement

ANYPLANS PTY LTD

Last updated June 2023

Welcome to Anyplans, a platform that streamlines catchups with friends, family and potential partners and helps busy people make new connections based on common interest. You should read this User Licence Agreement (“ULA”) carefully before you start using the Anyplans mobile application (the “App”). This ULA, our Privacy Policy and any other rules or guidelines that are posted onto the website at https://anyplans.app (“Site”) from time to time (together, the “Terms”) are entered into between “you”, the user, and Anyplans Pty Ltd ABN 63 671 597 881 (“Anyplans”, “we”, “us”, “our”).

The Terms are a binding contract between you and Anyplans. The Terms govern your use of services provided by Anyplans, including applications and websites owned or controlled by Anyplans (such as the Site), all plugins, mobile applications and other applications and services provided from time to time on, from or through the App (together, the “Service”).

1. Your acceptance of these Terms

  1. Your acceptance of the Terms. These Terms are important – please read them carefully. If you do not agree with any of the Terms, do not use the Service and you must leave the Service immediately. Your use and continuing use of the Service is an acknowledgement that you have been given a reasonable opportunity to read the Terms; that you have in fact read the Terms; that you understand the Terms, and that you agree to abide by and be bound by the Terms.
  2. Meaning of “Content”. In these Terms, “Content” means any information, data or content in any form or medium and includes text, graphics, photos and other materials from time to time.
  3. When the Terms apply. These Terms apply to you if you access the Service including browsing the App, viewing Content or otherwise using any part of the Service.
  4. Your age. You must be at least eighteen (18) years of age to access the Service.
  5. Changes to the Terms. We may, without notice, update or otherwise change the Terms periodically, and any such changes will be posted to the App. Your continuing use of the Service constitutes your agreement to be bound by any such changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes.
  6. Questions about the Terms. Should you have any questions in relation to the Terms, you should contact us at [email protected] before you use the Service.

2. Licence to use Service

  1. Our licence to you. In consideration of your agreement to comply with the Terms, we hereby grant you a non-exclusive, non-transferable licence to use the Service, unless we suspend or terminate your account or the Service in accordance with the Terms.
  2. Nature of the Service. You acknowledge and agree that: (a) we may, at any time in our sole discretion and without prior notice, alter, amend, interrupt, reschedule, modify or cease the operation of all or any part of the Service; and (b) the Service may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

 

3. Your Responsibilities

  1. In order to use all the features of the App, you must create an account. You must not create more than one account.
  2. Your information. When creating an account, you must use your correct and current name and information. You must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or employ misleading email addresses or falsify information in any part of any communication transmitted through the Service. We will handle all personal information we collect in accordance with our Privacy Policy.
  3. Your password and login. You are responsible for maintaining the confidentiality of your password and login and you must not share your password or login with any other party. You are responsible for all activities that occur under your password and login. You must not use or attempt to use another party’s password or login to access any part of the Service. You must immediately notify us at [email protected] of any unauthorised use of your password or login or any other breach or suspected breach of security in respect of the Service.
  4. What you must not do. In using the Service, you must not:
    1. reproduce, make available online or transmit (electronically or otherwise), publish, adapt, create derivative works from, distribute or redistribute, transfer, broadcast, display, sell, license, perform, link, display or exploit in any other way and in any medium any part of the Service except through the functionality offered by the Service;
    2. alter or modify any part of the Service;
    3. breach any laws and regulations, or use the Service for any purpose that is unlawful or in breach of the Terms;
    4. upload, post, email, otherwise transmit, or post links to any advertising, promotional materials, junk mail, spam, pyramid schemes, or any other form of solicitation;
    5. attempt to “hack”, decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Service. This includes “phishing”, “mining”, accessing “hidden” URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to;
    6. knowingly transmit any virus, corrupt files or any other software or function that may damage the operation of the Service or other disabling feature to the Service, or is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of any part of the Service;
    7. use or launch any automated system, including “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
    8. circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content;
    9. access Content through any technology or means or other functionality of the Service from time to time;
    10. interfere with or inhibit other users from enjoying or using the Service;
    11. unless expressly agreed with us, use the Service for any commercial purposes including selling access to the Service, selling any Content, selling advertising, sponsorships, or promotions placed on or within the Service or Content.
  5. Take your own precautions. You must take your own precautions to ensure that your process for accessing the Service does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system.
  6. You are responsible for costs. You are responsible for all costs, fees and expenses incurred directly or indirectly from accessing the App or otherwise using the Service. This may include internet connection and usage fees and mobile telephone connection and usage fees.
  7. Exposure to content. You understand that when using the Service, you will be exposed to Content from a variety of sources. You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us, our related bodies corporate and officers employees and affiliates with respect to such Content, and, to the extent permitted by law, you agree to indemnify and hold harmless us, our related bodies corporate and officers, employees and affiliates to the fullest extent permitted by law regarding all matters related to your use of the Service and Content.
  8. Third Party Sites. The Service may contain links to third party sites. We have not reviewed these websites and cannot vouch for the content on their pages. We are not responsible for the condition or content of those sites. You access those sites solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement, sponsorship or approval by us of the sites or the content of such sites.

4. Intellectual Property

  1. Intellectual property owned by us. You acknowledge that (a) the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including copyright, and (b) we and/or third parties own all right, title and interest in and to the Service and software provided through or in conjunction with the Service, including without limitation all Intellectual Property Rights contained in the Service and such software. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations of the App, now or in the future in force and effect worldwide.
  2. Your responsibilities regarding intellectual property. You agree that you will not, and will not allow any third party to, (i) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality contained in the Service, (ii) use the Service to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iii) remove, obscure, or alter our or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Service. Any reproduction or redistribution of any part of the Service is prohibited and may result in civil and criminal penalties.

5. Suspension and termination of User Accounts

  1. Our reserved rights to determine access. We reserve the right, in our sole discretion, to decide whether user activity or behaviour within the Service violates the Terms.
  2. Suspension or termination of your access or account. We may at any time, without prior notice suspend or terminate your access and/or use of all or any part of the Service, and we may suspend or terminate your user account, if, in our sole discretion, we believe that:
    1. you have breached these Terms in any way;
    2. your access or use of any part of the Service may be directly or indirectly harmful to others or may otherwise violate any laws or regulations;
    3. we cease to operate the Service or
    4. for any other reason.

    In addition, if we deem it appropriate, we may also report your activity or behaviour to the relevant authorities.

  3. What happens if we suspend or terminate your access. If we suspend or terminate your access or use of the Service, or your user account, you are prohibited from continuing to access and use any part of the Service regardless of whether you are able to continue to do so. In addition you are not permitted to create, and you must not create, any other accounts for access to the Service.
  4. Inactive accounts. We may also suspend and/or terminate your user account for all or any part of the Service because of your inactivity.

6. Exclusion of Warranties and Limitation of Liability

  1. No liability. To the full extent permitted by law, we, our related bodies corporate and officers, employees and agents expressly disclaim any and all liability in connection with:
    1. any events or activities that you attend that are listed or otherwise made known to you through the Service;
    2. personal injury or property damage, of any nature whatsoever;
    3. any unauthorised access to or use of our servers and/or any personal information stored therein;
    4. any alteration, amendment, interruption, rescheduling, modification or cessation of all or any part of the Service;
    5. all Content and any other information contained in any part of the Service and the removal or suspension of any Content or any other information;
    6. any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services;
    7. any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service; and
    8. any direct, indirect, incidental or punitive damages, including loss of profits, goodwill or intangible losses, loss of data, interruption of business or damage (including consequential, special or incidental damage),

    in each case, arising from access to or use of any part of the Service whether or not caused by any negligent act or omission or resulting from any delay in removing or failure to remove Content from the Service after receiving a request for removal even if we knew or should have known of the possibility of such loss or damage and whether damages are claimed in contract, tort (including negligence) or statute.

  2. No representations or warranties. To the full extent permitted by law, we, our officers, employees and agents exclude all representations and warranties (in each case, whether express or implied) in respect of the completeness, accuracy, reliability, suitability or availability with respect to the Service, the Content, the content of any sites linked to any part of the Service, or the information contained on any part of the Service for any purpose. Any reliance you place on any such content or information is strictly at your own risk.
  3. You indemnify and hold us harmless in respect of any and all claims, loss or damage of any kind whatsoever (including legal costs and disbursements on a full indemnity basis), arising directly or indirectly out of or in any way connected to any: (a) act or thing done by us in good faith and purportedly pursuant to a right granted to us under the Terms; (b) breach by you of any provision of the Terms; (c) any willful, unlawful or negligent act or omission by you; (d) your use of the Service; (e) any act or omission or information regarding any activity or event you attend as a result of using the Service; or (f) your reliance on or use of any Content.This indemnity survives the termination of the Terms.
  4. Terms subject to law. The Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If any law prohibits the exclusion of such warranties, conditions or obligations, we limit our liability to the extent permitted by law, to the re-supply of the Service.

7. General

  1. No assignment by you. You must not assign, sublicense or otherwise deal in any other way with any rights or obligations under these Terms whether in whole or in part – except as permitted under these Terms. Any unauthorised assignment, sublicense or other dealing shall be null and void.
  2. We may assign. We may assign, sublicense and otherwise deal with any rights and obligations under these Terms without restriction.
  3. No Waiver. If we do not act in relation to a breach by you of the Terms, this does not waive our right to act with respect to that or subsequent or similar breaches.
  4. Entire Agreement. These Terms and any other legal notices published by us on the Service from time to time shall constitute the entire agreement between you and us concerning the Service.
  5. Prior to resorting to any external dispute resolution process, you and Anyplans will use reasonable endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms.
  6. If any provision of these Terms is held by a competent authority to be invalid or unenforceable or otherwise becomes illegal, in whole or in part, it is to be read down or severed to the extent necessary and the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected.
  7. Governing Law. These Terms are governed by and shall be construed in accordance with the laws of New South Wales, Australia. Any dispute arising in respect of these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal therefrom.

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